NAC 213.005Definitions. (NRS 233B.040)As used
in NAC 213.005 to 213.205,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 213.010 to 213.018,
inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification; A by Bd. of Pardons Comm’rs
by R085-09, 8-13-2010)

NAC 213.011“Clemency” defined. (NRS 233B.040)“Clemency”
means the remission or lessening of a punishment to which a person convicted of
a crime was sentenced and includes the remission of a fine or forfeiture, the
commutation of a punishment, the granting of a pardon and the restoration, in
whole or in part, of the civil rights of a person convicted of a crime.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.012“Commutation of a punishment” defined. (NRS 233B.040)“Commutation
of a punishment” means the changing of the sentence of a person convicted of a
crime to another sentence, resulting in a reduction or lessening of the
sentence.

NAC 213.019Declaration concerning pardons, remissions of fines, commutations
of punishments and restorations of civil rights. (NRS 233B.040,
233B.050)The
provisions of NAC 213.005 to 213.205,
inclusive, do not grant any person a right to the remission of a fine or
forfeiture, the commutation of a punishment, the granting of a pardon or the
restoration of any civil rights or restrict the authority granted to the Board
by the Nevada Constitution, and it is not intended that the establishment of
standards relating to the remission of fines or forfeitures, the commutation of
punishments, the granting of pardons or the restoration of civil rights create
any such right or interest in liberty or property or establish a basis for any
cause of action against the State, its political subdivisions, agencies,
boards, commissions, departments, officers or employees.

1. A person seeking clemency, or any person
acting on behalf of such a person, must submit an application to the Board in
accordance with the instructions prescribed by the Secretary. An application
for clemency may be obtained from the Secretary at 1677 Old Hot Springs Road,
Suite A, Carson City, Nevada 89706. In addition, an application for the
commutation of a punishment may be obtained from the wardens of institutions
and facilities of the Department in accordance with the instructions prescribed
by the Secretary.

2. Except as otherwise provided in
subsection 3, an application for a pardon, the remission of a fine or
forfeiture or the commutation of a punishment must be submitted to the
Secretary not less than 90 days before a semiannual meeting of the Board.

3. The Governor may prescribe a shorter
period for a special hearing of the Board.

[Bd. of Pardons Comm’rs, No. 5, eff. 12-24-66; A 11-9-68]—(NAC
A by Bd. of Pardons Comm’rs by R085-09, 8-13-2010)

(b) If the application is filed on behalf of
another person, the name of the person in whose favor the application is made;

(c) The court rendering judgment;

(d) The amount of the fine or forfeiture, or the
kind or character of the punishment;

(e) The type of clemency or pardon being sought;

(f) The grounds for the application; and

(g) Any other information deemed necessary by the
Secretary.

2. An application for clemency must relate
to a violation of the laws of this State. A person may not apply for clemency
if the offense for which clemency is sought was a violation of the laws of
another state, the United States, a district, commonwealth, territory or
insular possession of the United States or a foreign country.

1. The Secretary shall establish procedures
and criteria for the selection of applications for clemency to be considered by
the Board at a meeting. The Secretary shall:

(a) Post the procedures and criteria on the
Internet website maintained by the Board; and

(b) Make the procedures and criteria available for
public inspection at the primary office of the Secretary.

2. Except as otherwise provided in subsection
4, a member of the Board may select an application for clemency for the
consideration of the Board at a meeting notwithstanding the procedures and
criteria established by the Secretary pursuant to subsection 1, any regulation
of the Board or the recommendation or absence of a recommendation from the
Director of the Department or the Chief Parole and Probation Officer. A member
of the Board who wishes to select an application for the consideration of the
Board must inform the Secretary of the selection not less than 50 days before
the date of the meeting at which the Board will consider the application,
unless the member demonstrates good cause for a shorter period of time.

3. Members of the State Board of Parole
Commissioners and the Director of the Department may provide to the Secretary
the names of inmates who may merit consideration for clemency.

4. Before a meeting of the Board, the
Governor may remove from consideration any application for clemency that has
been selected for the consideration of the Board.

1. Except as otherwise provided in this
section, a person may not submit an application for a pardon from a conviction
for a:

(a) Misdemeanor which constitutes domestic violence
pursuant to NRS 33.018 until 5
years after the date on which the person is released from actual custody or is
no longer under a suspended sentence, whichever occurs later.

(b) Category E felony until 6 years after the date
on which the person is discharged from probation or parole or released from
prison because of the expiration of the term of imprisonment to which the
person was sentenced.

(c) Category B, C or D felony for which the person was
sentenced to probation until 8 years after the date on which the person is
discharged from probation, except as otherwise provided in this paragraph. If
the person was sentenced to probation upon a conviction for a category C or D
felony and his or her probation was revoked, the person may not submit an
application for a pardon until 9 years after the date on which the person is
discharged from parole or released from prison because of the expiration of the
term of imprisonment to which the person was sentenced. If the person was
sentenced to probation upon a conviction for a category B felony and his or her
probation was revoked, the person may not submit an application for a pardon
until 10 years after the date on which the person is discharged from parole or
released from prison because of the expiration of the term of imprisonment to
which the person was sentenced.

(d) Category C or D felony for which the person was
sentenced to a term of imprisonment until 9 years after the date on which the
person is discharged from parole or released from prison because of the
expiration of the term of imprisonment to which the person was sentenced.

(e) Category B felony for which the person was
sentenced to a term of imprisonment until 10 years after the date on which the
person is discharged from parole or released from prison because of the
expiration of the term of imprisonment to which the person was sentenced.

(f) Category A felony until 12 years after the date
on which the person is discharged from probation or parole or released from
prison because of the expiration of the term of imprisonment to which the
person was sentenced.

2. If a person is convicted of a crime,
other than a traffic offense, during the waiting period prescribed in
subsection 1, the Board may require that the waiting period begin on the date
of the conviction or on the date on which the person is discharged from
probation or parole or released from prison because of the expiration of the
term of imprisonment to which the person was sentenced.

3. With the consent of a member of the
Board, the Secretary may waive the waiting period prescribed in subsection 1.

1. Upon receiving an application for a
pardon from a person who meets the minimum qualifications set forth in NAC 213.065, the Secretary shall request that the
Division investigate the applicant as the Secretary deems necessary and
appropriate. If the investigation reveals serious negative information which
indicates that the Board may be unlikely to grant a pardon to the applicant,
the Secretary may reject the application for consideration by the Board. The
Secretary shall:

(a) Create a list of all applicants investigated
who are denied a hearing and the reason for the denial; and

(b) Make the list available for the Board’s
consideration.

2. After the Division has completed the
investigation required by subsection 1, the Chief Parole and Probation Officer
shall provide to the Board a written recommendation regarding whether to grant
a pardon to the applicant.

1. If a person has applied for a pardon for
the sole purpose of restoring his or her civil rights, the Board may grant the
pardon and restore, in whole or in part, the civil rights of the applicant
without a meeting if the following conditions are satisfied:

(a) The offense for which the pardon is sought:

(1) Did not result in physical injury to a
victim;

(2) Did not involve the use or threatened use
of force or violence; and

(3) Was not a sexual offense.

(b) The applicant has never been convicted of:

(1) An offense that resulted in physical
injury to a victim;

(2) An offense involving the use or threatened
use of force or violence; or

(3) A sexual offense.

(c) There is no objection from the court in which
the judgment was rendered.

(d) There is no objection from the district
attorney of the county in which the applicant was convicted.

(e) The Board has not received a written request
for notice concerning a meeting to consider an application for clemency from a
victim of a crime committed by the applicant or, during the course of an
investigation of the applicant, a victim of a crime committed by the applicant
has not objected to the granting of a pardon to the applicant.

2. The Secretary shall identify applications
that may meet the criteria set forth in subsection 1 before requesting the
investigation required by NAC 213.073. If the
Secretary determines that an application meets the criteria set forth in
subsection 1, the Secretary shall submit to the Division a notice of the intent
to act on the application without a meeting of the Board. During the
investigation, the Division shall provide notice of the intent to act on the
application without a meeting of the Board to the court in which the applicant
was convicted and to the district attorney of the county in which the applicant
was convicted.

3. If the court in which the applicant was
convicted and the district attorney of the county in which the applicant was
convicted do not object to the Board taking action on the application without a
meeting, the Secretary shall provide to the members of the Board the
application, the results of the investigation required by NAC 213.073 and any other material deemed relevant by
the Secretary.

4. Within 30 days after receiving the
information described in subsection 3, the Governor and Attorney General shall
determine whether to grant the pardon and restore, in whole or in part, the
civil rights of the applicant. Within 45 days after receiving the information
described in subsection 3, the Justices of the Supreme Court shall determine
whether to grant the pardon and restore, in whole or in part, the civil rights
of the applicant.

5. If a majority of the members of the
Board, with the Governor being in the majority, agree to grant the pardon and
restore, in whole or in part, the civil rights of the applicant, the Secretary
shall prepare the documents described in NAC 213.205
to reflect the action taken by the Board.

6. As used in this section, “sexual offense”
has the meaning ascribed to it in NRS
179D.097.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.080Prisoners eligible for or denied parole. (NRS 233B.040,
233B.050)The
Board will not accept the application of a prisoner for a pardon or the
commutation of a punishment if the prisoner is eligible for release on parole
to the community, or becomes eligible for release on parole to the community on
a date less than 1 year after the date of the next meeting of the Board, unless
the applicant shows extraordinary circumstances that merit consideration by the
Board.

NAC 213.085Persons on parole. (NRS 233B.040, 233B.050)Except
as otherwise provided in subsection 2 of NAC 213.055,
the Board will not consider an application for the remission of a fine or
forfeiture or the commutation of a punishment submitted by a person on parole
unless, pursuant to NRS 176.033,
the person has served one-half of the period of his or her parole, or 10
consecutive years on parole in the case of a person sentenced to life
imprisonment, and:

1. The Division has provided the person a
favorable recommendation for a modification of sentence pursuant to NRS 176.033 and the State Board of
Parole Commissioners has refused to file a petition for a modification of
sentence pursuant to NRS 176.033;
or

2. The State Board of Parole Commissioners
has filed a petition for a modification of sentence pursuant to NRS 176.033 and the court has
denied the petition.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.100Effect of new criminal code. (NRS 233B.040, 233B.050)An
application for the commutation of a punishment submitted by a person serving a
sentence prescribed under a previous criminal law which is longer than now
prescribed under current law will be considered on the merits of the case alone
and not solely because, under the new law, the punishment has been reduced.

NAC 213.103Persons required to register as offender convicted of offense
against child or sex offender. (NRS 233B.040, 233B.050)Except
as otherwise provided in subsection 2 of NAC 213.055,
the Board will not consider an application for clemency if the applicant is
required to register as an offender convicted of an offense against a child or
a sex offender pursuant to NRS
179D.010 to 179D.550,
inclusive, as a result of the conviction for which the applicant is seeking
clemency, unless, pursuant to NRS
179D.490, the applicant is no longer required to register as an offender
convicted of a crime against a child or a sex offender.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.107Availability of judicial or administrative relief. (NRS 233B.040,
233B.050)Except
as otherwise provided in subsection 2 of NAC 213.055,
the Board will not consider an application for clemency if other forms of
judicial or administrative relief are reasonably available to the applicant.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.110Commutation of sentence of life without possibility of parole. (NRS 213.085,
233B.040, 233B.050)The
Board will not consider an application for the commutation of a sentence of
life without the possibility of parole to life with the possibility of parole
unless:

1. Except as otherwise provided in
subsection 2 of NAC 213.055, the Board will not
consider an application for a pardon or the commutation of a punishment
submitted by a person sentenced to the death penalty unless the person has
exhausted all available judicial appeals.

2. If a death penalty is being considered,
the presence of the Governor is required and any judgment must be made by a
majority of the members of the Board.

NAC 213.125Requirements for reapplication. (NRS 233B.040, 233B.050)Any
person whose application for clemency has been considered by the Board and who
has been denied favorable action by the Board may not reapply for clemency
unless:

1. The person shows a substantial change of
circumstance that merits consideration by the Board; or

2. The Board provided instructions to the
person at a previous hearing and the person has demonstrated that he or she has
complied fully with the instructions.

[Bd. of Pardons Comm’rs, No. 6 § (a), eff. 12-24-66; A
11-9-68]—(NAC A by Bd. of Pardons Comm’rs by R085-09, 8-13-2010)—(Substituted
in revision for NAC 213.070)

1. The application of an inmate who is
selected for consideration by the Board must be accompanied by a recommendation
by the Director of the Department to the Secretary.

2. Except as otherwise provided in NAC 213.055, the Secretary has the final approval in
placing an application on the agenda. Except as otherwise provided in NAC 213.077, upon such approval, the applicant will be
granted a hearing at a regularly or specially called meeting of the Board.

3. A list of all applicants who are denied a
hearing and the reason for the denial must be available for the Board’s
consideration.

[Bd. of Pardons Comm’rs, No. 6 § (c), eff. 12-24-66; A
11-9-68]—(NAC A by Bd. of Pardons Comm’rs by R085-09, 8-13-2010)—(Substituted
in revision for NAC 213.090)

1. An offer to the district judge who
adjudicated the case involving the applicant, or the successor of that district
judge, to provide comments and a recommendation to the Board;

2. A request for a statement of facts and
any information affecting the merits of the application pursuant to NRS 213.040 from the district
attorney who prosecuted the case involving the applicant or the successor of
that district attorney;

3. If the application is for the remission
of a fine or forfeiture, a request for a recommendation concerning whether to
remit the fine or forfeiture from the chair of the board of county
commissioners of the county in which the applicant was convicted; and

4. An invitation for the district judge, the
district attorney and, when applicable, the chair of the board of county
commissioners to testify before the Board at the hearing.

[Bd. of Pardons Comm’rs, No. 7, eff. 12-24-66; A 11-9-68]—(NAC
A by Bd. of Pardons Comm’rs by R085-09, 8-13-2010)—(Substituted in revision for
NAC 213.060)

NAC 213.187Notice to victim of meeting for consideration of clemency. (NRS 213.010,
213.017, 233B.040, 233B.050)If an
application for clemency is selected for the consideration of the Board at a
meeting, the Secretary shall, in accordance with NRS 213.010, notify any victim of
the crime for which clemency is sought.

(Added to NAC by Bd. of Pardons Comm’rs by R085-09,
eff. 8-13-2010)

NAC 213.190Hearings to be informal. (NRS 233B.040, 233B.050)Hearings
before the Board will be informal in nature, and regular rules of evidence or
other formalities do not apply.

(1) Describe the fine, forfeiture, sentence or
punishment that is the subject of the Board’s action, the action taken by the
Board and the consequences of that action, including, without limitation, any
limitations or conditions on the action; and

(2) Are signed by the Secretary of State and
attested with the Great Seal of the State of Nevada;

(b) Each member of the Board who voted in favor of
the action shall sign the official documents prepared by the Secretary; and

(c) A member of the Board who voted against the
granting of clemency may sign the official documents prepared by the Secretary
to affirm that the official documents reflect the action taken by the Board.

2. Except as otherwise provided in this
subsection, the Secretary may not prepare an official document if the Board
refuses to grant clemency. If the Board has refused to grant clemency and
instructs the Secretary to prepare an official document reflecting that action,
the Secretary shall prepare an official document reflecting the Board’s refusal
to grant clemency.

3. If a member of the Board who voted in
favor of granting clemency is no longer a member of the Board or is unable to
sign the official documents prepared by the Secretary pursuant to subsection 1
and a majority of the members of the Board who voted in favor of the action are
no longer members of the Board, the current Governor, Attorney General and
Chief Justice of the Supreme Court may sign an instrument of clemency
certifying the action of the Board based on the transcripts and minutes taken
at the meeting of the Board.

4. The Secretary shall:

(a) Keep at the primary office of the Secretary one
official document prepared and signed pursuant to subsection 1.

(b) Provide to the person to whom clemency was
granted one official document prepared pursuant to subsection 1.

5. The Secretary may certify a copy of an
official document prepared pursuant to subsection 1.

1. Except as otherwise provided in
subsection 2, the provisions of NAC 213.220 to 213.280, inclusive, apply to every person living in
this State who has been:

(a) Granted probation after suspension of sentence
by a court of this or any other state; or

(b) Released on parole by the State Board of Parole
Commissioners of this or any other state.

2. The provisions of NAC
213.220 to 213.280, inclusive, do not apply to
any probationer who was sentenced before March 16, 1983, or to any parolee who
was released on parole before March 16, 1983.

(Added to NAC by Dep’t of Parole & Probation, eff.
7-1-83; A 9-26-89)

NAC 213.230Fee required; amount; exception.
(NRS 213.1076)Each
parolee or probationer shall, during the term of the parole or probation, pay a
monthly fee of $30 to the Division of Parole and Probation of the Department of
Public Safety to help defray the cost of supervision unless he or she receives
a waiver as provided in subsection 2 of NRS 213.1076.

(Added to NAC by Dep’t of Parole & Probation, eff.
7-1-83; A 7-22-85; 10-13-87; A by Div. of Parole & Probation by R111-00, 1-10-2001)

NAC 213.260Postponement of payment. (NRS 213.1076)If the
Chief Parole and Probation Officer grants a waiver of immediate collection of
the fees upon condition of future payment, the parolee or probationer shall pay
the back fees if at any time before the end of the term of parole or probation
his or her income becomes sufficient to enable him or her to do so.

1. A check or money order written to pay the
fee set forth in NAC 213.230 must be made payable
to the “Division of Parole and Probation.”

2. A check or money order written to pay for
the use of any equipment required by the Division of Parole and Probation of
the Department of Public Safety for the surveillance of a parolee or probationer
under supervision by the Division must be made payable to the provider of the
equipment that is approved by the Division.

3. A fee required to be paid pursuant to NAC 213.230 or an amount required to be paid pursuant
to subsection 2 is not payable in cash.

4. Upon request by a parolee or probationer,
the Division will furnish him or her a statement of his or her account for
payments of fees and any amounts due.

(Added to NAC by Dep’t of Parole & Probation, eff.
7-1-83; A by Div. of Parole & Probation by R111-00, 1-10-2001)

NAC 213.280Clarification of provisions regarding payment of fee. (NRS 213.1076)A person
may obtain clarification of the provisions of NAC
213.220 to 213.270, inclusive, information
about waivers, or other information relating to those provisions from the
Division of Parole and Probation, 1445 Hot Springs Road, Suite 104, Carson
City, Nevada 89711.

1. At least 120 days before the first day of
the month in which a sex offender who has been sentenced to a special sentence
of lifetime supervision is scheduled to be released from an institution or
facility of the Department, the Department shall provide written notification
to the Division of the date that the sex offender is scheduled to be released.
If more than one such sex offender is scheduled to be released during the
month, the Department shall provide notice for such sex offenders pursuant to
this subsection in the form of a list that includes the name of each sex
offender scheduled for release and the date on which each sex offender will be
released.

2. At least 90 days before the first day of
the month in which a sex offender who has been sentenced to a special sentence
of lifetime supervision is scheduled to complete a term of parole or probation
or is scheduled to be released from an institution or facility of the
Department, the Division shall provide written notification to the Board of the
date that the sex offender is scheduled to complete a term of parole or
probation or to be released from an institution or facility of the Department.
If more than one such sex offender is scheduled to complete a term of parole or
probation or to be released from an institution or facility of the Department
during the month, the Division shall provide notice for such sex offenders
pursuant to this subsection in the form of a list that includes the name of
each sex offender and the date on which each sex offender will complete his or
her term or be released.

3. Upon receipt of written notification pursuant
to subsection 2, the Board will schedule a hearing to establish the conditions
of lifetime supervision for the sex offender. The Board will:

(a) Determine an appropriate location for the
hearing that may include, without limitation, the institution or facility at
which the sex offender is housed or an office of the Board; and

Ê The Board may
establish the conditions of lifetime supervision for more than one sex offender
at a hearing.

4. At least 30 days before the date on which
a hearing is scheduled pursuant to subsection 3, the Division shall provide to
the Board a report on the status of the sex offender who is the subject of the
hearing. The report must include, without limitation:

(a) A summary of the progress of the sex offender
while on parole or probation or in an institution or facility of the
Department, as applicable; and

(b) Recommendations for conditions of lifetime
supervision for the sex offender.

5. The Division may request the Board to
modify the conditions of lifetime supervision of a sex offender. Upon receipt
of such a request, the Board will schedule and hold a hearing in the same
manner as provided in subsection 3. The Board may require the presence of the
sex offender at the hearing.

6. As used in this section:

(a) “Board” means the State Board of Parole
Commissioners.

(b) “Department” means the Department of
Corrections.

(c) “Division” means the Division of Parole and
Probation of the Department of Public Safety.

NAC 213.495Definitions. (NRS 213.110)As used
in NAC 213.495 to 213.565,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 213.500 to 213.506,
inclusive, have the meanings ascribed to them in those sections.

1. The Board will assign to each crime for
which parole is being considered a severity level of “highest,” “high,”
“moderate,” “low moderate” or “low.” The severity level will be the same as the
severity level assigned to the crime by the Department of Corrections for the
purpose of classifying offenders pursuant to NRS 209.341.

2. The Board will apply the severity level
of the crime for which parole is being considered to establish an initial
assessment regarding whether to grant parole in the manner set forth in NAC 213.516.

1. The Board will assign to each prisoner
who is being considered for parole a risk level of “high,” “moderate” or “low”
according to the level of risk that the prisoner will commit a felony if
released on parole.

2. To establish the risk level, the Board
will conduct an objective risk assessment using a combination of risk factors
that predict recidivism.

3. If a prisoner has ever been convicted of
a sexual offense and has been evaluated using a currently accepted standard of
assessment to determine the risk that the prisoner will commit another sexual
offense if released on parole, the Board will assign a risk level to the
prisoner which is the higher of the risk level assigned pursuant to this
section and the risk level determined by such an evaluation.

4. The Board will apply the risk level
assigned to a prisoner who is being considered for parole to establish an
initial assessment regarding whether to grant parole in the manner set forth in
NAC 213.516.

5. As used in this section, “sexual offense”
has the meaning ascribed to it in NRS
213.1214.

(Added to NAC by Bd. of Parole Comm’rs by R018-08, eff.
4-17-2008; A by R146-11, 5-30-2012)

NAC 213.516Determination of whether to grant parole: Initial assessment. (NRS 213.10885,
213.110, 213.140)In determining whether to
grant parole to a prisoner, the Board will apply the severity level of the
crime for which parole is being considered as assigned pursuant to NAC 213.512 and the risk level assigned to the prisoner
pursuant to NAC 213.514 to establish an initial
assessment regarding whether to grant parole. The initial assessment will
correspond to the following table:

1. After establishing an initial assessment
regarding whether to grant parole pursuant to NAC
213.516, the Board may consider additional aggravating and mitigating
factors to determine whether to grant parole to a prisoner.

2. The aggravating factors which the Board
may consider in determining whether to grant parole to a prisoner include,
without limitation:

(a) Whether the nature of the crime committed by
the prisoner was severe, extreme or abnormal;

(b) Whether the prisoner has previously been
convicted of a crime;

(c) The number of occasions on which the prisoner
has been incarcerated;

(d) Whether the prisoner has failed to complete
probation or parole on three or more occasions;

(e) Whether the prisoner has committed a crime
while incarcerated, during any period of release from confinement on bail,
during any period of escape from an institution or facility or while on
probation or parole;

(f) The extent to which the prisoner attempted to
elude capture during or following the commission of a crime;

(g) The extent of the injury or loss suffered by
the victim of the crime for which parole is being considered;

(h) Whether the prisoner has engaged in repetitive
criminal conduct;

(i) Whether the prisoner has engaged in disruptive
behavior while incarcerated;

(j) Whether the Department of Corrections has ever
ordered the prisoner to be confined in disciplinary segregation;

(k) Whether the prisoner has committed increasingly
serious crimes;

(l) Whether the prisoner has a history of failing
to comply with the orders of a mental health professional for the treatment of
a mental illness, including, without limitation, failing to comply with
prescriptions for medication to treat a mental illness;

(m) Whether the prisoner demonstrates that he or
she does not understand the nature of any diagnosed mental illness and whether
that lack of understanding may contribute to future criminal behavior;

(n) Whether, in committing the crime for which
parole is being considered, the prisoner targeted a child under the age of 18
years or a person who is vulnerable because of his or her age or disability;

(o) Whether the prisoner has a history of
possessing or using a weapon during the commission of a crime; and

(p) Any other factor which indicates an increased
risk that the release of the prisoner on parole would be dangerous to society
or the prisoner.

3. The mitigating factors which the Board
may consider to determine whether to grant parole to a prisoner include,
without limitation:

(a) Whether the prisoner has participated in programs
which address the behaviors of the prisoner that led to the commission of the
crime for which parole is being considered;

(b) Whether the prisoner has no prior history, or a
minimal history, of criminal convictions;

(c) Whether the prisoner has not had any
infractions of the rules of the institution or facility in which he or she has
been incarcerated during the most recent 2 years if the lack of infractions is
not a result of the confinement of the prisoner in disciplinary segregation;

(d) Whether the prisoner has adjusted positively to
a program for reentry of offenders and parolees into the community established
by the Director of the Department of Corrections pursuant to NRS 209.4887 or a program of work
release established by the Department of Corrections pursuant to NRS 213.300;

(e) Whether the prisoner had less involvement in
the commission of the crime for which parole is being considered than other
persons who participated in the commission of the crime;

(f) Whether the prisoner previously completed
probation or parole successfully, other than probation imposed and supervised
by a court;

(g) Whether the prisoner has support available to
him or her in the community or from his or her family;

(h) Whether a stable release plan exists for the
prisoner;

(i) Whether the release of the prisoner is not a
significant risk to society because the prisoner will be paroled to another
jurisdiction for prosecution or deportation;

(j) Whether the presentence investigation indicates
that the crime for which parole is being considered was situational and that
the prisoner did not intend to cause harm;

(k) Whether the presentence investigation indicates
that, prior to his or her arrest for the crime for which parole is being
considered, the prisoner demonstrated immediate remorse for committing the
crime by immediately and voluntarily turning himself or herself in to the proper
authority, immediately and voluntarily seeking treatment to address the
criminal behavior, immediately and voluntarily making restitution to the
victims of the crime or taking any other voluntary action which demonstrates
remorse;

(l) Whether the prisoner has consistently managed a
mental illness which may contribute to criminal behavior in the manner
recommended by mental health professionals; and

(m) Any other factor which indicates that the
release of the prisoner on parole would benefit, or would not be dangerous to,
society or the prisoner.

1. If the Board denies parole, the Board
will not consider a request for the Board to reassess the severity level of the
crime for which parole was denied unless:

(a) The Department of Corrections determines that
the severity level assigned to the crime pursuant to NAC
213.512 should have been lower and advises the Board, in writing, of its
determination; and

(b) The prisoner mails a request to the State Board
of Parole Commissioners, 1677 Old Hot Springs Road, Suite A, Carson City,
Nevada 89706, not later than 45 days after the meeting at which the Board
considered whether to grant parole.

2. If the Board receives a request from a
prisoner for the Board to reassess the severity level of a crime and the
Department of Corrections has advised the Board that the severity level
assigned to the crime should have been lower, the Executive Secretary of the
Board or an employee of the Board designated by the Board must apply the lower
severity level to establish a new initial assessment regarding whether to grant
parole in the manner set forth in NAC 213.516.

3. If the new initial assessment established
pursuant to subsection 2 is more favorable to the prisoner than the initial
assessment established before the reassessment of the severity level, the Board
will, as soon as practicable, schedule a meeting to reconsider whether to grant
parole to the prisoner.

1. A prisoner who wishes to request that the
Board reassess the risk level assigned to the prisoner pursuant to NAC 213.514 must:

(a) Mail a request for the Board to reassess the
risk level to the State Board of Parole Commissioners, 1677 Old Hot Springs
Road, Suite A, Carson City, Nevada 89706, not later than 45 days after the
meeting at which the Board considered whether to grant parole; and

(b) Base the request on circumstances which existed
at the time that the Board assigned the risk level.

2. If a prisoner does not mail a request in
compliance with subsection 1 or bases the request on a change of circumstances
since the Board assigned the risk level, the Board will not consider the
request.

3. As soon as practicable after receiving a
request for the Board to reassess the risk level assigned to a prisoner, the
Executive Secretary of the Board or an employee of the Board designated by the
Board shall determine whether the Board, in assigning the risk level, did not
consider a factor set forth in the sample form created by the Board pursuant to
NRS 213.10885 or did not give
such a factor the appropriate weight. If such a determination is made, the
Executive Secretary or the employee designated by the Board must reassess the
risk level of the prisoner by considering only the facts which existed at the
time of the original assignment.

4. If, after reassessing the risk level
assigned to a prisoner, it is determined that the risk level is the same or
higher than the previously assigned risk level, the Executive Secretary of the
Board or the employee designated by the Board must affirm the denial of parole.
If, after reassessing the risk level assigned to a prisoner, the risk level is
lower than the previously assigned risk level, the Executive Secretary or the
employee designated by the Board must apply the lower risk level to establish a
new initial assessment regarding whether to grant parole in the manner set
forth in NAC 213.516.

5. If the new initial assessment established
pursuant to subsection 4 is more favorable to the prisoner than the initial
assessment established before the reassessment of the risk level, the Board
will, as soon as practicable, schedule a meeting to reconsider whether to grant
parole to the prisoner.

1. A prisoner who wishes to request that the
Board reconsider a denial of parole, other than a request pursuant to NAC 213.522 or 213.524,
must:

(a) Mail the request to the State Board of Parole
Commissioners, 1677 Old Hot Springs Road, Suite A, Carson City, Nevada 89706,
not later than 45 days after the meeting at which the Board considered whether
to grant parole; and

(b) Base the request on circumstances which existed
at the time of the meeting at which the Board considered whether to grant
parole.

2. As soon as practicable after receiving a
request to reconsider a denial of parole pursuant to subsection 1, the
Executive Secretary of the Board or an employee of the Board designated by the
Board shall consider the request and determine whether to deny the request or
submit the request to the members of the Board.

3. If, after considering a request to
reconsider a denial of parole pursuant to subsection 1, the Executive Secretary
of the Board or the employee of the Board determines that the Board:

(a) Knew about the circumstances on which the
request is based at the time the Board denied parole or that the circumstances
on which the request is based are not factors which the Board considers when
determining whether to grant parole, the Executive Secretary or employee shall
deny the request.

(b) Did not have knowledge of the circumstances on
which the request is based at the time the Board denied parole and that the
circumstances on which the request is based are factors which the Board
considers when determining whether to grant parole, the Executive Secretary or
employee shall submit the request to the Board.

4. If a request to reconsider a denial of
parole is submitted to the members of the Board pursuant to paragraph (b) of
subsection 3 and a majority of the members of the Board state in writing that:

(a) The Board should schedule a meeting to
reconsider the denial of parole, the Board will, as soon as practicable,
schedule a meeting to reconsider the denial of parole.

(b) The Board should not schedule a meeting to
reconsider the denial of parole, the Board will not schedule a meeting to
reconsider the denial of parole.

5. The provisions of this section do not
limit the power of the Director of the Department of Corrections or a designee
thereof to notify the Board of a significant change in the status of a prisoner
or prevent the Board from reconsidering a denial of parole if a significant
change in the status of a prisoner occurs.

1. A prisoner may not be released on
mandatory parole pursuant to NRS
213.1215 unless the Board has approved the release and the Division has
established a program for the prisoner’s activities during parole.

2. The Board will conduct a meeting to
consider a prisoner for mandatory parole pursuant to NRS 213.1215 not sooner than 150
days before the date on which the prisoner must be released on mandatory
parole.

3. Before approving the mandatory parole of
a prisoner, the Board will determine whether there is a reasonable probability
that the prisoner will be a danger to public safety while on parole by
considering:

(b) If the prisoner has been convicted of an
offense listed in subsection 5 of NRS
213.1214, whether the prisoner has been certified as not presenting a high
risk to reoffend pursuant to the provisions of subsection 1 of NRS 213.1214;

(c) Whether the prisoner has made any statements
indicating that the prisoner will refuse to comply with the terms and
conditions of parole;

(d) Whether the prisoner has made any threats to
harm others;

(e) The number and nature of any prior convictions
of the prisoner, including, without limitation, whether the prisoner has a
history of conviction for violent crimes;

(f) Whether the prisoner has engaged in violent
behavior while incarcerated;

(g) Whether the prisoner has been convicted of
multiple felony offenses involving driving or being in actual physical control
of a vehicle while under the influence of intoxicating liquor or a controlled
substance;

(h) Whether the prisoner has previously failed to
successfully complete probation or parole and whether that failure was the
result of violent or criminal actions by the prisoner;

(i) Whether the criminal history of the prisoner
indicates that the crimes committed by the prisoner have increased in severity
over time;

(j) Whether the prisoner has demonstrated an attitude
or behavior which indicates that the prisoner favors a criminal lifestyle,
including, without limitation, whether the prisoner has been actively involved
in a criminal gang, the planning of prison escapes or other criminal activity;
and

(k) Any other factor which demonstrates a
reasonable probability that the prisoner will be a danger to public safety
while on parole.

4. If a panel to which the Board has
delegated its authority pursuant to NRS
213.133 determines that it will recommend that the Board grant mandatory
parole to a prisoner and that the prisoner has not been considered and is
eligible for discretionary parole pursuant to NRS 213.1099, the panel may
recommend that the Board grant discretionary parole to the prisoner rather than
mandatory parole.

1. Unless a prisoner has waived the right to
receive notice pursuant to subsection 5, the Board will provide to a prisoner
notice of the meeting to consider whether to grant parole to the prisoner. The
notice will consist of:

(a) Personal delivery of written notice to the
prisoner not later than 5 working days before the meeting; or

(b) The mailing, by certified mail, of written
notice, addressed to the prisoner, to the residence, institution or facility at
which the prisoner is confined not later than 21 working days before the meeting.

2. The Board will provide the notice
required by subsection 1 only for a meeting to consider whether to grant parole
to the prisoner.

3. Notice to a prisoner pursuant to
paragraph (a) of subsection 1 will be deemed adequate if written notice was
personally delivered to the prisoner and a copy of the written notice was
returned to the Board and signed by:

(a) The prisoner and the employee of the Department
of Corrections or the Department of Public Safety who witnessed the delivery of
the written notice; or

(b) Two persons employed by the Department of
Corrections or the Department of Public Safety who witnessed the prisoner
refuse to accept the written notice.

4. Notice to a prisoner pursuant to
paragraph (b) of subsection 1 will be deemed adequate if the Board has received
a return receipt of delivery from the United States Postal Service.

5. A prisoner may waive, in writing, the
rights granted to him or her pursuant to subsections 9 and 10 of NRS 213.131.

6. If the Board finds that notice was not
provided to a prisoner in accordance with this section and that the prisoner
did not waive the right to receive notice pursuant to subsection 5, the Board
may:

1. The recommendations which the Board may
provide pursuant to NRS 213.131
to a prisoner to whom parole is denied to improve the possibility of receiving
parole may include, without limitation, a recommendation that the prisoner:

(a) Not engage in misconduct which may lead to
disciplinary action;

(b) Participate in a program that addresses the
behavior of the prisoner which led to his or her incarceration;

(c) Participate in an educational, occupational or
vocational program;

(d) Participate in a program which encourages the
development of empathy for victims of crime;

(e) Avoid participation in, and association with, a
criminal gang; or

(f) Take any other action, or refrain from any
other action, which the Board deems appropriate.

2. Any recommendation provided to a prisoner
pursuant to NRS 213.131 is not
intended to create an expectation that the Board will grant parole to the
prisoner if the prisoner follows the recommendations and does not create an
interest in liberty or property when the Board considers the prisoner for
parole at a subsequent hearing.

1. After the Board has granted parole to a
prisoner but before the prisoner is released from prison, the Board may rescind
the parole of the prisoner.

2. If the Department of Corrections or the
Division becomes aware of information which provides grounds to rescind the
parole of a prisoner and the prisoner is scheduled to be released on parole
less than 3 working days after the Department or the Division becomes aware of
the information, the Department or the Division may:

(a) Delay the release of the prisoner on parole for
not more than 3 working days after the date on which the prisoner is scheduled
to be released;

(b) Provide to any member of the Board written
notification of the grounds to rescind parole and that the release of the
prisoner has been delayed; and

(c) Request that a member of the Board order the
further delay of the release of the prisoner.

3. If a member of the Board becomes aware of
information which provides grounds to rescind the parole of a prisoner or
receives written notification of grounds to rescind parole pursuant to
subsection 2, the member may order the delay of the release of the prisoner to
allow time for the Board to consider whether to rescind the parole of the
prisoner.

4. If a member of the Board has received
written notification of grounds to rescind parole pursuant to subsection 2 and
does not order the delay of the release of the prisoner on parole within 3
working days after the date on which the prisoner is scheduled to be released
on parole, the prisoner must be released.

5. If a member of the Board orders the delay
of the release of a prisoner on parole pursuant to subsection 3, the Board
will, as soon as practicable:

(a) Schedule a meeting to consider whether to
rescind the parole of the prisoner; or

(b) If a majority of the members of the Board state
in writing that the parole of the prisoner should not be rescinded, authorize
the release of the prisoner.

(Added to NAC by Bd. of Parole Comm’rs by R018-08, eff.
4-17-2008)

NAC 213.550Determination of whether to revoke parole. (NRS 213.10885,
213.110, 213.140, 213.150)In determining whether to
revoke the parole of a person for a violation of his or her parole, the Board
may consider whether the person has, while on parole:

1. Been convicted of any crime committed
after his or her release and, if so, whether the crime involved the use of a
weapon or resulted in injury or substantial harm to the victim;

2. Engaged in a pattern of behavior similar
to that which resulted in his or her imprisonment;

3. Used drugs or alcohol and whether
confinement for counseling or classification is advisable;

4. Demonstrated an unwillingness to conform
to the expectations and requirements of parole; or

5. Engaged in any other conduct that makes
him or her a danger to the community and indicates a need for further treatment
in a controlled environment.

1. The standards contained in NAC 213.512 to 213.518,
inclusive, and 213.550 may be considered by the
Board in determining whether to grant, deny, continue or revoke parole, but
nothing contained in those sections shall be construed to restrict the
authority of the Board to:

(a) Deny or revoke parole in any case in which
application of the standards indicates that parole should be granted or
continued; or

(b) Grant or continue parole in any case in which
application of the standards indicates that parole should be denied or revoked,

Ê if the
decision of the Board is otherwise authorized by the provisions of chapter 213 of NRS.

2. The Board may deviate from the standards
contained in NAC 213.512 to 213.518,
inclusive, and 213.550 based upon any factor, or
combination of factors, set forth in NAC 213.518 or
any other factor which the Board deems relevant to the determination of whether
to grant, deny, continue or revoke parole.

3. If the Board takes an action contrary to
the initial assessment regarding whether to grant parole which is established
pursuant to NAC 213.516, the Board will state in
its order the reasons for deviating from the initial assessment.

4. For statistical purposes only, the Board
will maintain a written record of any case in which its decision conflicts with
the standards contained in NAC 213.512 to 213.518, inclusive, and 213.550.

NAC 213.565Delegation of certain authority of Board to panel. (NRS 213.133)When
authorized pursuant to NRS 213.133,
the Board may delegate its authority to hear, consider and act upon the parole
of a prisoner and on any issue before the Board to a panel consisting of:

1. Two or more members of the Board, two of
whom constitute a quorum; or

2. One member of the Board who is assisted
by a case hearing representative chosen from the list of persons eligible to
serve as case hearing representatives established and maintained by the Board
pursuant to NRS 213.135.

(Added to NAC by Bd. of Parole Comm’rs by R018-08, eff.
4-17-2008)

STANDARDS FOR RECOMMENDATIONS REGARDING PAROLE OR PROBATION

REVISER’S NOTE.

The provisions of NAC 213.570
to 213.630, inclusive, were originally adopted by
the Chief Parole and Probation Officer on April 6, 1990. Pursuant to ch. 790,
Stats. 1989, those provisions became effective 10 days after that date.

NAC 213.570“Division” defined. (NRS 213.10988)As used
in NAC 213.570 to 213.630,
inclusive, unless the context otherwise requires, “Division” means the Division
of Parole and Probation of the Department of Public Safety.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90)

NAC 213.580Evaluation by Division. (NRS 213.10988)Except
as otherwise provided by statute or directed by the court, the Division will
evaluate every person who is convicted of a felony. The purpose of the
evaluation is to enable the Chief Parole and Probation Officer to make a
recommendation to the court concerning sentencing.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90; A by Div. of Parole & Probation by R225-05, 9-18-2006)

1. Each convicted person will first be
evaluated using the Probation Success Probability form adopted by the Division.
The form generates a numeric score based upon consideration of the following
factors:

(a) The number of prior criminal convictions
sustained by the convicted person;

(b) The number of other criminal prosecutions
pending against the person;

(c) The number of occasions on which the person has
been incarcerated;

(d) If the person is 23 years of age or younger,
the number of occasions on which he or she has been committed to a correctional
facility for juveniles;

(e) The number of years that have elapsed since the
person’s most recent previous conviction, whether the conviction was sustained
as a juvenile or as an adult;

(f) The number of occasions on which the person has
been supervised as an adult or juvenile probationer;

(g) The tendency of the person to have engaged in
crimes of increasing or decreasing severity, or in crimes involving violence;

(h) The circumstances of the person’s arrest for
the present offense;

(i) The nature of the present offense and the
number of persons victimized;

(j) The degree of psychological, physical and
financial harm caused to the victim of the present offense;

(k) If the present offense involved controlled
substances, the nature of the conduct involved in the offense;

(l) The sophistication of the present offense and
the degree of premeditation involved in the offense;

(m) The benefits received by the person as the
result of any plea negotiation in the present proceeding;

(n) The use of any weapon in connection with the
present offense;

(o) The involvement in the present offense of any
other offender;

(p) The existence and nature of any motive for the
present offense;

(q) The age and education of the person;

(r) The support provided to the person by his or
her immediate family;

(s) The person’s history of employment and record
of military service;

(t) The employability of the person;

(u) The person’s financial self-sufficiency;

(v) The ties or connections between the person and
the community in which he or she lives;

(w) The person’s history of substance abuse;

(x) The availability to the person of
rehabilitative or other programs in the community;

(y) Participation by the person in a mental health
or substance abuse program, if such a program is warranted by the nature of the
case;

(z) The person’s honesty and cooperation in dealing
with an employee of the Division who is performing the evaluation; and

(aa) The attitude of the person concerning the
present offense and toward supervision on probation.

2. The numeric score derived from the use of
the Probation Success Probability form may be used by the Chief Parole and
Probation Officer in making a recommendation concerning:

(a) The granting or denial of probation; and

(b) The length of any term of confinement to be
served by the convicted person, as provided in NAC
213.600.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90; A by Div. of Parole & Probation by R225-05, 9-18-2006)

NAC 213.600Use of Sentence Recommendation Selection Scale form. (NRS 213.10988)Any recommended
term of confinement for a convicted person may be derived using the Sentence
Recommendation Selection Scale form adopted by the Division. The form may be
used to apply the numeric score obtained from the Probation Success Probability
form to the range of sentences provided by law for the offense, resulting in a
recommended term of confinement.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90)

NAC 213.610Considerations for recommending continuation or revocation of
probation. (NRS 213.10988)In
making a recommendation pursuant to NRS
176A.630 concerning the continuation or revocation of probation, the Chief
Parole and Probation Officer may consider any of the following acts or
omissions occurring during the period of probation:

1. Failure of the convicted person to
participate in any program established for him or her by the Division, or to
report to his or her supervising parole and probation officer or any other
person designated by the Division.

2. Any change of employment or place of
residence, or any departure from this State or the area of residence of the
convicted person, that occurs without the consent of his or her supervising
parole and probation officer.

3. Failure of the convicted person to submit
each month a true and correct report in writing to his or her supervising
parole and probation officer in the form prescribed by the Division.

4. Any use of alcoholic beverages to any
extent or, as directed by the court, to the extent that the convicted person
has 0.10 percent or more by weight of alcohol in his or her blood.

5. Any unlawful purchase, use, possession,
administration or sale or other transfer of any controlled substance or
dangerous drug by the convicted person.

6. Failure of the convicted person to submit
to a test for the presence of any controlled substance or dangerous drug in his
or her blood or other bodily substance, as directed by his or her supervising
parole and probation officer.

7. Any possession, ownership or use of a
weapon by the convicted person.

8. Any association by the convicted person
with any person who is of bad reputation or who has been confined to a penal
institution.

9. Failure of the convicted person to
cooperate with his or her supervising parole and probation officer, or to
obtain the written consent of the officer before marrying, engaging in
business, incurring debt or purchasing any real property or any automobile.

10. Failure of the convicted person to
conduct himself or herself as a good citizen or to obey any federal, state,
county or municipal law or ordinance.

11. Failure of the convicted person to seek
and maintain employment, or to participate in the program of employment
established for him or her by the Division.

12. Failure of the convicted person to make
any restitution ordered by the court as a condition of probation.

13. Any violation by the convicted person of
any other condition of probation established by the court.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90)

NAC 213.620Considerations regarding certification of order to arrest parolee
or for recommending continuation or suspension of parole. (NRS 213.10988)

1. In determining whether to certify an
order of the Board pursuant to NRS
213.151, or in making a determination pursuant to NRS 213.1517 concerning the
continuation or suspension of parole, the Chief Parole and Probation Officer
may consider any of the following acts or omissions occurring during the period
of parole:

(a) Failure of the parolee to participate in the
program established for him or her by the Division, or to report to his or her
supervising parole and probation officer or any other person designated by the
Division.

(b) Any change of residence of the parolee or any
departure from this State that occurs without the consent of his or her
supervising parole and probation officer.

(c) Failure of the parolee to seek and maintain
employment, or to participate in the program of employment established for him
or her by the Division.

(d) Failure of the parolee to submit a true and
correct report in writing to his or her supervising parole and probation
officer each month in the form prescribed by the Division.

(e) Any use of alcoholic beverages to any extent
or, as directed by the Board, to the extent that the parolee has 0.10 percent
or more by weight of alcohol in his or her blood.

(f) Failure of the parolee to submit to a search of
his or her person, place of residence or automobile by a parole and probation
officer.

(g) Any unlawful purchase, use, possession,
administration or sale or other transfer of any controlled substance or
dangerous drug by the parolee.

(h) Failure of the parolee to submit to a test for
the presence of any controlled substance or dangerous drug in his or her blood
or other bodily substance, as directed by his or her supervising parole and
probation officer.

(i) Any possession, ownership or use of a weapon by
the parolee.

(j) Any association or correspondence by the
parolee with any person who is of bad reputation or who has been confined to a
penal institution, except as specifically authorized in writing by the
parolee’s supervising parole and probation officer.

(k) Failure of the parolee to cooperate with his or
her supervising parole and probation officer, or to obtain the written consent
of the officer before marrying, incurring debt, changing employment or
purchasing any motor vehicle.

(l) Failure of the parolee to conduct himself or herself
as a good citizen or to obey any federal, state, county or municipal law or
ordinance.

(m) Any violation of any other condition of parole
established by the Board.

2. As used in this section, “Board” means
the State Board of Parole Commissioners.

Ê based upon
any act or omission described in NAC 213.610 or 213.620, the Chief Parole and Probation Officer may
consider any mitigating factor which influenced or contributed to the act or
omission.

2. In making any such recommendation or
determination, the Chief Parole and Probation Officer may also consider:

(a) Any prior criminal history of the convicted
person or parolee;

(b) The nature of the person’s present offense;

(c) Any pattern of previous offenses; and

(d) The circumstances of the person’s present and
previous offenses,

Ê in
determining whether the act or omission is a significant indicator of the
person’s success or failure on parole or probation.

3. Nothing contained in NAC 213.570 to 213.620,
inclusive, shall be deemed to restrict the authority of the Chief Parole and
Probation Officer, in any case he or she deems appropriate, to make any
recommendation concerning sentencing or the continuation or revocation of
probation, or any determination described in NAC
213.620, that deviates from the standards contained in those sections.

4. Before any recommendation described in
subsection 3 is transmitted to the court on behalf of the Chief Parole and
Probation Officer, it must be approved by the district administrator having
authority over the case or by a person designated thereof.

5. The Chief Parole and Probation Officer
will keep a record of the number and percentage of recommendations and
determinations that deviate from the standards contained in NAC 213.570 to 213.620,
inclusive.

(Added to NAC by Dep’t of Parole & Probation, 4-18-90,
eff. 4-16-90)

PROGRAMS OF REENTRY INTO COMMUNITY

NAC 213.650Definitions. (NRS 213.625)As used
in NAC 213.650 to 213.700,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 213.660 to 213.690,
inclusive, have the meanings ascribed to them in those sections.

NAC 213.670“Division” defined. (NRS 213.625)“Division”
means the Division of Parole and Probation of the Department of Public Safety.

(Added to NAC by Bd. of Parole Comm’rs by R086-01, eff.
11-29-2001)

NAC 213.680“Program” defined. (NRS 213.625)“Program”
means a program for reentry of parolees into the community that is established
in a judicial district pursuant to NRS
209.4883.

(Added to NAC by Bd. of Parole Comm’rs by R086-01, eff.
11-29-2001)

NAC 213.690“Reentry court” defined. (NRS 213.625)“Reentry
court” means the court in a judicial district that has established a program.

(Added to NAC by Bd. of Parole Comm’rs by R086-01, eff.
11-29-2001)

NAC 213.700Reimbursement for cost of participation in program. (NRS 213.625)The
Board will require as a condition of parole that the parolee reimburse the
reentry court and the Division for the cost of his or her participation in a
program, as determined by the reentry court, to the extent that the parolee has
the ability to pay.

(Added to NAC by Bd. of Parole Comm’rs by R086-01, eff.
11-29-2001)

CHANGE OF DISHONORABLE DISCHARGE TO HONORABLE DISCHARGE

NAC 213.720Definitions. (§ 16 of ch. 476,
Stats. 2005)As
used in NAC 213.720 to 213.790,
inclusive, unless the context otherwise requires, the words and terms defined
in NAC 213.730, 213.740
and 213.750 have the meanings ascribed to them in
those sections.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)

NAC 213.730“Applicant” defined. (§ 16 of ch.
476, Stats. 2005)“Applicant”
means a person who submits an application to the Division to change his or her
dishonorable discharge from probation or parole to an honorable discharge from
probation or parole in accordance with the provisions of section 16 of chapter
476, Statutes of Nevada 2005.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)

1. To request that his or her dishonorable
discharge from probation or parole be changed to an honorable discharge from
probation or parole, an applicant must submit to the office of the Chief:

(a) A completed application, in the form prescribed
by the Division;

(b) Documentation of his or her current income; and

(c) Any other information requested by the
Division.

2. Upon receipt of an application and the
supporting documentation and information from an applicant, the Chief shall
obtain from the Division the discharge summary pertaining to the applicant and
a summary of restitution and fees for supervision paid by the applicant. If
necessary, the Chief may request from the Division an audit of the payments
made by the applicant.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)

1. If the Division determines that an
applicant is not eligible to change his or her dishonorable discharge to an
honorable discharge, the Chief shall:

(a) Notify the applicant, in writing, that the
application has been denied and state the reasons for the denial; and

(b) Retain copies of the application, the discharge
summary, the summary of restitution and fees paid by the applicant, the written
notification provided to the applicant pursuant to paragraph (a) and any other
supporting documentation or information received from the applicant or
considered by the Division.

2. If the Division determines that an
applicant is eligible to change his or her dishonorable discharge to an
honorable discharge, the Chief shall establish a schedule of payments for the
applicant to make over the period for repayment established pursuant to
subsection 4. Except as otherwise provided in subsection 3, an applicant must
be required to pay a minimum monthly payment in an amount that is equal to four
times the hourly wage earned by the applicant.

3. If the Division determines that the
applicant has demonstrated an economic hardship, the applicant must be required
to pay a minimum monthly payment in the amount of $20.

4. The period for repayment for an applicant
must be:

(a) One year; or

(b) A period equal to one-half of the time that the
applicant was under the supervision of the Division,

Ê whichever is
longer.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)

1. If, at the end of the period for
repayment established by the Division pursuant to NAC
213.770, the Division determines that the applicant has made an effort in
good faith and has made satisfactory progress towards making the required
payments, the Division will submit its recommendation that the application
should be granted to the court or the State Board of Parole Commissioners,
whichever is applicable. Upon notification from the court or the State Board of
Parole Commissioners that an application has been granted, the Division will:

(a) Notify the applicant, in writing, that the
application has been granted;

(b) Forward to the applicant from the court or the
State Board of Parole Commissioners, whichever is applicable, the official
document which:

(1) Provides that he or she has received an
honorable discharge from probation or parole; and

(2) States, as applicable, the dates on which
his or her civil rights to vote, to serve as a juror in a civil action, to hold
office and to serve as a juror in a criminal action will be restored to him or
her;

(c) Forward a copy of the official document to the
Central Repository for Nevada Records of Criminal History; and

(d) Retain a copy of the official document.

2. If, at the end of the period for
repayment established by the Division pursuant to NAC
213.770, the Division determines that the applicant has not made an effort
in good faith and has not made satisfactory progress towards making the
required payments, the Division will:

(a) Deny the application of the applicant; and

(b) Notify the applicant that the application has
been denied.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)

NAC 213.790Availability of information and forms. (§ 16 of ch. 476, Stats. 2005)The Division will make
available at its offices, on its website and by mail:

1. A written explanation of the provisions
of section 16 of chapter 476, Statutes of Nevada 2005, and NAC 213.720 to 213.790,
inclusive; and

2. The form for an application.

(Added to NAC by Div. of Parole & Probation by R212-05,
eff. 5-4-2006)